(a) In every underground mine where five or more persons are
employed in a period of twenty-four hours, the operator shall
employ at least one person certified in accordance with the
provisions of article seven of this chapter as a mine foreman-fire
boss. Each applicant for certification as a mine foreman-fire boss
shall, at the time he or she is issued a certificate of competency:
(1) Be a resident or employed in a mine in this state; (2) have had
at least five years' experience in the underground working,
ventilation and drainage of a coal mine, which shall include at
least eighteen months' experience on or at a working section of an
underground mine or be a graduate of the school of mines at West
Virginia University or of another accredited mining engineering
school or be a graduate of an accredited engineering school with a
bachelor's degree in mining engineering technology, electrical,
mechanical or civil engineering; and have had at least two years'
practical experience in an underground mine, which shall include at
least eighteen months' experience on or at a working section of an
underground mine; or be a graduate of an accredited college or
university with an associate degree in mining, electrical, mining
engineering technology, mechanical engineering or civil engineering
and have had at least four years' practical experience in an
underground mine, which shall include at least eighteen months'
experience on or at a working section of an underground mine; and
(3) have demonstrated his or her knowledge of dangerous mine gases and their detection, mine safety, first aid, safety appliances,
state and federal mining laws and regulations and other subjects by
completing such training, education and examinations as may be
required of him or her under article seven of this chapter.

(b) In mines in which the operations are so extensive that the
duties devolving upon the mine foreman-fire boss cannot be
discharged by one man, one or more assistant mine foremen-fire
bosses may be designated. Such persons shall act under the
instruction of the mine foreman-fire boss, who shall be responsible
for their conduct in the discharge of their duties. Each assistant
so designated shall be certified under the provisions of article
seven of this chapter. Each applicant for certification as
assistant mine foreman-fire boss shall, at the time he or she is
issued a certificate of competency, possess all of the
qualifications required of a mine foreman-fire boss: Provided,
That he or she shall at the time he or she is certified be required
to have at least three years' experience in the underground
working, ventilation and drainage of coal mines, which shall
include eighteen months on or at a working section of an
underground mine or be a graduate of the school of mines at West
Virginia University or of another accredited mining engineering
school or be a graduate of an accredited engineering school with a
bachelor's degree in mining engineering technology, electrical,
mechanical or civil engineering; and have had twelve months'
practical experience in an underground mine, all of which shall
have been on or at a working section or be a graduate of an
accredited college or university with an associate degree in mining, electrical, mining engineering technology, mechanical or
civil engineering and have had at least two years' practical
experience in an underground mine, which shall include at least
eighteen months' experience on or at a working section of an
underground mine.

(c) Until the first day of January, one thousand nine hundred
seventy-seven, in mines in which the operations are so extensive
that all the duties devolving upon the mine foreman-fire boss
cannot be discharged by one person, competent persons having had at
least three years' experience in coal mines may be designated as
assistants, who shall act under the mine foreman-fire boss'
instructions and the mine foreman-fire boss is responsible for
their conduct in the discharge of their duties under such
designation.

(d) Any person holding a mine foreman's certificate issued byany other state may act in the capacity of mine foreman-fire boss
in any mine in this state until the next regular mine foreman-fire
boss' examination held by the office of miners' health, safety and
training, but not to exceed a maximum of ninety days.

(e) After the first day of July, one thousand nine hundred
seventy-four, all duties heretofore performed by persons certified
as mine foreman, assistant mine foreman or fire boss shall be
performed by persons certified as underground mine foreman-fire
boss or an assistant underground mine foreman-fire boss.

After the first day of July, one thousand nine hundred
seventy-four, every certificate heretofore issued to an assistant
mine foreman or fire boss shall be deemed to be of equal value to a certificate issued hereafter to an assistant mine foreman-fire
boss, and every certificate heretofore issued to a mine foreman
shall be deemed to be of equal value to a certificate issued
hereafter to a mine foreman-fire boss.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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